Court : Kolkata
Reported in : AIR1965Cal517
..... which offence has reference.penalties8. if any goods, the importation or exportation of which is forthe time being prohibited or restricted by or under chapter iv of this act beimported into or exported from (india) contrary to such prohibition orrestriction18 & 10such goods shall be liable to confiscation; any person concernedin any such offence shell be liable to a penalty ..... difficult business to prevent smuggling, and large-scale smuggling is apt to upset the economy of the country and its public finance. in recognition of the difficulty involved and the importance of preventing smuggling, the obligations imposed under the sea customs act are enforced by a special tribunal with special knowledge and skill, and investigations and adjudications by customs authorities have advisedly .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1963Cal621,67CWN1080
..... useful purpose by referring to the several provisions of the english acts and the decisions thereon, viz.. bankruptcy act, 1883 and 1914; finance (no. 2) act,, 1915, income-tax act, 1918, rent act, 1920 agricultural holdings act, 1923; workmen's compensation act, 1925 and also to the provisions in our acts, viz., the income-tax act, workmen's compensation act, etc., for appreciation of the meaning of the phrase 'arising out ..... , as here to before.' item ii of the first schedule:'suits and proceedings under the arbitration act, 1940 (x of 1940), other than suits and proceedings under chapter iv of that act.'4. now the application for stay of the pending suit under section 34 of the arbitration act, 1940 is a proceeding in that suit. the city civil court is competent to try .....
Tag this Judgment!Court : Kolkata
Reported in : (2002)2CALLT93(HC)
..... person who has taken loan, for recovering the amount due from him. it therefore follows that before resorting to the power under section 29, the finance corporation must inform the parly concerned as to the actual amount due from him to the corporation and if in any given case the person concerned furnishes ..... be appropriate to consider the ancillary submission made on behalf of the petitioner assailing the impugned notice (annexure 'd') issued by wbfc under section 29 of the act.8. mr. b. l. bhattacharya, learned advocate appearing along with mr. rajarshi bharadwaj and ms. debamltra bharadwaj contended that the impugned notice is in utter ..... procedure' in the administrative action. the administrative officers are concerned, the duty is not so much to act judicially as to act fairly (see. keshav mills co. ltd. v. union of india : [1973]3scr22 , mohinder stngh gill v. chief election commissioner, : [1978]2scr272 ; swadeshi cotton mills v. union of india, : [1981]2scr533 and management of m.s .....
Tag this Judgment!Court : Kolkata
Reported in : (2000)2CALLT484(HC),2000(1)CHN635
..... was made by the state to make a distinction between the same class of labourers on the ground that some of them were employed by a company financed by its and the others by companies floated by private enterprise.54. referring to the decision of the hon'ble supreme court in the case of ..... the west bengal board of secondary education. subsequently, the school was granted a special constitution and came to be administered by a managing committeeconstituted thereunder. in 1978, the school was granted recognition as a higher secondary school by the west bengal council of higher secondary education. the school has been receiving aid from the ..... the test of reasonableness, fairness and justness. if the exercise of the power is arbitrary, unjust and unfair, the public authority, instrumentality, agency or the person acting in public interest, though in the field of private law, is not free to prescribe any unconstitutional conditions or limitations in their actions.51. the next decision referred .....
Tag this Judgment!Court : Kolkata
Reported in : (1998)3CALLT160(HC)
..... looking into it i have no hesitation in my mind that such recommendation for amendment was made only to avoid delay in disposal of cases. article 14.3 in chapter 14 of the report of the law commission may be useful for our purpose and therefore, i am of the opinion that the said article which gives reasons for ..... of the applicationunder section 17(2).' 7. from the aforesaid observation made in the judgment of the division bench of this court which was delivered on 8th of march, 1978 that is to say the judgment was delivered at a time when the amended order xtv had already come into force. the division bench decision of this court has ..... opposite party and on such determination suitable instalments be granted to him for deposit of arrears of rent. the applications under section 17(2) and 17(2a) of the act were however, contested by the plain tiff/opposite party in which the opposite parly specifically pleaded that the petitioner was never a tenant under him. therefore, according to the .....
Tag this Judgment!Court : Kolkata
Reported in : AIR2001Cal419
..... the new management of the company take over the charge in the year 1992. the relationship between the present management and the erstwhile management, i.e., peerless general finance & investment co. ltd. was strained and reasonably there was a belief that the proceedings were launched by the appellant at the instance of erstwhile management. it was ..... admission under order 12, rule 6 of the code of civil procedure or in hearing an application under order 37 of the same or in an application under chapter xi1ia of the original side rules of this court, the court shall impose condition of security upon a defaulting party in getting postponement of hearing by way ..... company petition and the suit for recovery of money are totally distinct and different proceedings from each other. company petition under sections 433, 434 and 439 of the act, is basically made for the purpose of winding up of a company provided a company falls under the conditions envisaged in section 433. one of such conditions .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1983Cal129,87CWN70
..... additional controller or deputy controller. section 26 provides for administrative powers and functions of the controller and the officers under him as mentioned therein.11. chapter iv of the act deals with the deposit of rent by the tenant it provides that where the landlord does not accept any rent tendered by the tenant within the ..... challans and vary the appropriation of rent to a month other than what was mentioned in the application. sitting singly while deciding the case of provabati v. satyendra, 1978 (1) cal lj 629, i have followed the division bench decision in manickchand durgaprosad's case : air1969cal104 (supra). i am unable to agree with the ..... decision in the case of manick chand durga prosad v. bulaki das baheti : air1969cal104 (supra). 28. in the case of provabati chakrabarti v. satyendra nath chatterjee, 1978 (1) cal lj 629, my brother chittatosh mookerjee, j. sitting singly, considered a case where the name of section r. chatterjee was written in the challans in .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1965Cal252
..... follows: 'these considerations lead their lordships to the conclusion that the act of 1872, (indian contract act) was not intended to deal with the law relating to common carriers, and notwithstanding the generality of some expressions in the chapter on bailments, they think that common carriers are not within the act'. 24a. no doubt, it may be essential to point out ..... was well off and had a substantial income of his own and it was impossible for him to believe that the young son and not the wealthy father was financing the family. the learned trial judge rightly points out that no reliable evidence is on the record to prove whether the deceased had any regular income out of ..... the actual loss and it may be the loss expected by reason of the death. but that does not certainly mean that the deceased must be found to be actually financing the beneficiaries. 130. we shall cite one more english decision and that is flint v. lovell, (1935) 1 k. b. 354 on the element of expectation of .....
Tag this Judgment!Court : Kolkata
Reported in : (2000)2CALLT1(HC)
..... but not directly or substantively in issue. it was further submitted that there could be no estoppel on the question of jurisdiction. 16. an application under chapter xiii of the original side rules allows question on specified subjects to be raised for determination by the court.the proceedings are initiated by summons in the ..... equity' under the 1923 agreement to continue in possession of the premises till 2018. thus is m/s. technicians studio pvt. ltd. v. sm. lila ghosh : [1978]1scr516 where a compromise petition provided for a tenancy of 16 years, it was held : 'the petition of compromise required registration, and this not having been done it ..... principal moneys together with interest for the time being payable in respect of such debentures in manner hereinafter provided and whereas the present trustees have consented to act as trustees of this indenture upon the terms herein contained.'52. broadly speaking the supplementary deed provides for the issuance of debentures by the appellant in .....
Tag this Judgment!Court : Kolkata
Reported in : 95CWN185,II(1990)DMC343
..... husband and wife, the id. judge being of the view that a decree for restitution of conjugal right would be unless and that it would be better to close the chapter, allowed the respondent's prayer for a decree of divorce following the decision in smt. saroj rani v. sudarshan kumar, : [1985]1scr303 . hence, this appeal from ..... away therefrom without making any provision whatsoever for the appellant and their daughter. they were solely dependent on him for their subsistence. it appears that upto july 1978 he used to send some amount by way of maintenance and house-rent and thereafter he never sent any amount at all. the respondent's explanation that he ..... reasonable excuse lies on the party withdrawing from the society of the other. this has specifically been provided by the explanation inserted below the main section by the act 68 of 1976. admittedly the respondent here has been living away from the matrimonial home and his wife and daughter since september 1977. the burden, therefore, lies .....
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